ALHAJI SAKA OPOBIYI ALHAJI GARBA OPOBIYI V. LAYIWOLA GARBA MUNIRU

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against part of the decision of the Kwara State Sharia Court of Appeal holden at Ilorin Coram. Ambali, M. A. Haroon, I. A. and Oredola M. A.

Khadis, delivered on 3rd October, 1996 wherein the court inter alia gave an order excluding the portion of land which Zainab Abebi (Respondent’s deceased mother) built the 8 rooms as part of Tukur’s estate which is to be shared under the Islamic law of inheritance. The facts of this case briefly put were as follows: A The appellants, (Tukur’s daughter’s sons) sued on behalf of the themselves and others to claim their share out of the estate of their mother’s father, Tukur. Tukur died in 1924 and left behind at the time of his death the following children: Abdulsami (son), Sarat, Salamat and Aisha (Daughters who are now all deceased). There was no previous sharing of inheritance among Tukur’s four children. However, Tukur’s estate (hereinafter referred to as the Estate) which is now…